Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsIn this Division:
"entry exempt person" , in relation to an airside area or a security restricted area, means any of the following:
(a) a law enforcement officer who is in uniform or who produces his or her identity card as a law enforcement officer;
(b) a member of the Defence Force who is:
(i) responding to an event or threat of unlawful interference with aviation; or
(ii) responding to an emergency in Australia or overseas; or
(iii) on or conducting training exercises;
(c) an officer of Customs who:
(i) is a member of a Counter - Terrorism Unit of the Australian Border Force; and
(ii) is wearing a Counter - Terrorism Unit uniform; and
(iii) has attached to that uniform an identification card, issued by the Australian Border Force, that identifies the officer as such a member and that the officer would be properly displaying if the identification card were an ASIC; and
(iv) is performing duties in the area;
(d) a person in custody;
(e) a person escorting a person in custody;
(f) an employee, contractor or volunteer of an ambulance, rescue or fire service, or of a state or territory emergency service, who is responding to an emergency in Australia or overseas;
(g) a person acting under the direction of a person mentioned in paragraph (f) during an emergency in Australia or overseas;
(h) a medical transport facilitator, or a passenger facilitator, within the meaning of regulation 3.07;
(i) an employee or contractor of an aircraft operator that operates a screened air service, or of an airport operator of an airport from which a screened air service operates, who is responding to an emergency in Australia or overseas;
(j) an employee or contractor of a private security contractor who:
(i) with the consent of a responsible aviation industry participant for the area is in, or facilitating the movement of, an armoured vehicle or a vehicle that is accompanying such a vehicle; and
(ii) if required by State or Territory legislation--holds, and has on his or her person, a valid security guard licence (however described) issued under the law of the State or Territory;
(k) crew, or passengers under the supervision of an airport operator or aircraft operator, who are moving reasonably directly for the purposes of boarding or disembarking from an aircraft;
(l) the driver of a vehicle that is towing an aircraft.
"exempt goods" , in relation to a security restricted area at a designated airport, means any of the following:
(a) baggage;
(b) cargo;
(c) goods, of a particular kind, that:
(i) are provided by a person (the regular provider ) who has established an arrangement, recorded in writing, with an aviation industry participant for the supply of goods of that kind; and
(ii) have not been accessible to unauthorised persons from the time the goods are accepted from the regular provider by the aviation industry participant, until the start of a screened air service for which the goods are taken on board an aircraft;
(d) duty free items that:
(i) are intended for supply by an aircraft operator, or a duty free shop, operating from the airport; and
(ii) are items that have been authorised by the airport operator for the airport, or the aircraft operator by which the items are to be supplied, as being items needed for delivery to an aircraft located in the area, or as items that must be carried through the area for delivery;
(e) goods carried by a person who is a screening exempt person in relation to the area;
(f) except for the purposes of the definition of exempt vehicle or screening exempt person in this regulation--goods carried in a vehicle that is an exempt vehicle in relation to the area;
(g) dogs, performing duties in the area, that are under the control of:
(i) a law enforcement officer; or
(ii) an officer of Customs;
(h) an item that has been seized or detained under the Customs Act 1901 or another law of the Commonwealth that is being dealt with in accordance with such a law;
(i) fuel and other combustible substances (other than explosives) that are required for operational purposes within the area;
(j) goods that the Secretary, by written notice under paragraph 42(2)(b) of the Act, has provided may pass through a screening point for the area without being screened.
"exempt vehicle" , in relation to a security restricted area at a designated airport, means any of the following:
(a) a vehicle being operated by, or carrying, a person who is an entry exempt person in relation to the area;
(b) an armoured vehicle carrying things that are exempt goods in relation to the area;
(c) a driverless vehicle under the control of an airport operator or an aircraft operator;
(d) a vehicle transporting cleared crew or passengers to an aircraft for boarding;
(e) a vehicle transporting crew or passengers outside of the area after disembarking an aircraft;
(f) a vehicle escorting a vehicle covered by paragraph (d) or (e);
(g) a vehicle that the Secretary, by written notice under paragraph 43(2)(b) of the Act, has provided may pass through a screening point for the area without being screened.
"responsible aviation industry participant" , in relation to an area or a zone, means:
(a) in the case of an area or a zone that is covered by the TSP of an aviation industry participant--that aviation industry participant; or
(b) in any other case--the operator of the security controlled airport at which the area or zone is located.
"screening exempt person" , in relation to a security restricted area at a designated airport, means any of the following:
(a) an entry exempt person in relation to the area;
(b) a screening officer who is engaged in the management of a screening point;
(c) an officer of Customs who is:
(i) performing duties in the area, in connection with the Customs Act 1901 or another law of the Commonwealth, that could be compromised if the officer were screened; or
(ii) responding to an emergency in Australia;
(d) the driver of a vehicle that is being used to transport crew or passengers to an aircraft for boarding or from an aircraft for disembarking;
(e) a person that the Secretary, by written notice under paragraph 41(2)(b) of the Act, has provided may pass through a screening point for the area without being screened.